Findings - CC - 2016 - A-06-16 & RZ-10-16 - Annexation And Rezone From Rut To PsBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT (RURAL URBAN TRANSITION )
— ADA COUNTY DESIGNATION) TO )
PS (PUBLIC/SEMIPUBLIC) FOR THE )
CITY OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-06-16 & RZ-10-16
The above -entitled annexation and rezone applications came before the Eagle City Council for their action
on October 25, 2016, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council, having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
The City of Eagle is requesting approval of an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to PS (Public/Semipublic) for an approximately 40.5 -acre
site located along the north channel of the Boise River approximately 1/a -mile east of Eagle Road
extending eastward approximately 1 -mile. Upon incorporation into the Eagle City limits hunting
via the discharge of a firearm on the identified property will be prohibited. No development plans
are proposed with this application.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held from 5:30 PM to 7:30 PM, on Tuesday, August 30, 2016, at
Eagle City Hall, in compliance with the application submittal requirement of Eagle City Code.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on September 12, 2016. Notice of this public hearing was mailed to property owners
within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on September 9, 2016. The site was posted
in accordance with the Eagle City Code on September 23, 2016. Requests for agencies' reviews
were transmitted on September 1, 2016, in accordance with the requirements of the Eagle City
Code. Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
October 10, 2016. Notice of this public hearing was mailed to property owners within three -
hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on October 5, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 40.5 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
Upon annexation and rezone of the property, Eagle City Code Section 5-2-3 will become effective
and the discharge of a firearm will be prohibited. No development plans are proposed with the
application. The rezone of the property is consistent with the Comprehensive Plan and vision of
the City of Eagle.
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: None
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — Yes — Floodway area located adjacent to the Boise
River.
Evidence of Erosion — None
Fish Habitat — Yes
Floodplain — Yes — Entire site is located in the Floodway
Mature Trees — Yes — Located along the Boise River
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Floodway
RUT (Rural -Urban Transition
Boise River
— Ada County designation)
Proposed
No Change
PS (Public/Semipublic)
No Change
North of site
Floodway, Mixed Use
MU -DA (Mixed Use with a
Eagle River development,
development agreement)
Rivers Edge Apartments,
Watermark Subdivision,
The River District
development, Renovare
Subdivision, Merrill Park
South of site
Floodway, Residential
R -2-P (Residential — PUD, R-
Island Woods Subdivision,
Two
2 (Residential), A -R
RiversEnd Subdivision,
(Agricultural -Residential) &
Proposed Williamson
RP (Residential Preservation
Ranch Subdivision
— Ada County designation)
East of site
Floodway, Mixed Use
Floodway, MU -DA (Mixed
Boise River
Use with a development
agreement), RP (Ada County
designation)
West of site
Floodway
Floodway, MU -DA (Mixed
Boise River
Use with a development
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 40.5 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
Upon annexation and rezone of the property, Eagle City Code Section 5-2-3 will become effective
and the discharge of a firearm will be prohibited. No development plans are proposed with the
application. The rezone of the property is consistent with the Comprehensive Plan and vision of
the City of Eagle.
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: None
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — Yes — Floodway area located adjacent to the Boise
River.
Evidence of Erosion — None
Fish Habitat — Yes
Floodplain — Yes — Entire site is located in the Floodway
Mature Trees — Yes — Located along the Boise River
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Riparian Vegetation — Yes — Located in proximity to the Boise River
Steep Slopes — No
Stream/Creek — Yes — Boise River
Unique Animal Life — Unknown
Unique Plant Life — Unknown
Unstable Soils — Unknown
Wildlife Habitat — Yes
M. NON -CONFORMING USES: None
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
Tesoro Logistics NW Pipeline
O. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration maps along the Boise River and Dry Creek (Generally shown on the
Land Use Map which is a part of this Plan). These areas are to remain open space because of the
nature of the floodway which can pose significant hazards during a flood event. Also, the
floodway areas shall not be considered as a part of the minimum area of open space required (as
required within the zoning ordinance) unless developed as noted within this paragraph. Floodway
areas shall be excluded from being used for calculating permitted residential densities. Any portion
of the floodway developed as a substantially improved wildlife habitat area open to the public, or
useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be
approved by the City Council, may be credited toward the minimum open space required for a
development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the Federal Emergency Management Administration maps such that
the floodway area is smaller than that shown on the Land Use Map the adjacent land use
designation show shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the
Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the zoning
districts have been formulated to realize the general purposes as set forth in this title. In addition,
the specific purpose of each zoning district shall be as follows:
PS PUBLIC/SEMIPUBLIC: To provide for public/semipublic development such as golf courses,
parks, recreation facilities, greenways, schools, and public service facilities such as government
offices. (Ord. 566, 5-15-2007)
C. DISCUSSION: None
STAFF RECOMMENDED FINDINGS:
Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
based upon the information provided to staff to date, staff believes that the proposed rezone is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
• The requested zoning designation of PS (Public/Semipublic) is consistent with the designation as
shown on the Comprehensive Plan Land Use Map;
• The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all
uses allowed on this property under the proposed zone, however, no development is proposed as
this area is located within the Boise River and Floodway area;
• The proposed PS (Public/Semipublic) zone is compatible with the MU -DA (Mixed Use with a
development agreement) zone and land use to the north since a portion of that area is located
within the Floodway and no development plans are proposed, and;
• The proposed PS (Public/Semipublic) zone is compatible with the R -2-P (Residential — PUD), R-2
(Residential), A -R (Agricultural -Residential), and RP (Rural Preservation — Ada County
designation) zones and land uses to the south since a portion of that area is located within the
Floodway and no development plans are proposed, and;
• The proposed PS (Public/semipublic) zone is compatible with the MU -DA (Mixed Use with a
development agreement) zone and land use to the west since a portion of that area is located within
the Floodway and no development plans are proposed, and;
• The proposed PS (Public/semipublic) zone is compatible with the MU -DA (Mixed Use with a
development agreement) zone and land use to the east since a portion of that area is located within
the Floodway and no development plans are proposed, and;
• The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
3, 2016, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (other than the applicant/representative).
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COMMISSION DELIBERATION: (Granicus time 09:55)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The Commission understands the citizen concems and the city's application to prohibit hunting via the
discharge of a fire arm near development and future development.
• It is a public, health, and safety issue.
COMMISSIONS DECISION:
The Commission voted 3 to 0 (Smith and Koellisch absent) to recommend approval of A-06-16 & RZ-10-
16 for an annexation and rezone from RUT (Rural Urban Transition — Ada County Designation) to PS
(Public/Semipublic).
PUBLIC HEARING OF THE COUNCIL:
D. A public hearing on the application was held before the City Council on October 25, 2016, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
E. Oral testimony in opposition to the application was presented to the City Council by no one.
F. Oral testimony in favor of the application was presented to the City Council by one (1) (other than the
applicant/representative) who indicated they are in favor of the application.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-06-16 & RZ-10-16 for an annexation and rezone from RUT (Rural
Urban Transition — Ada County Designation) to PS (Public/Semipublic).
CONCLUSIONS OF LAW:
The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-06-16 & RZ-10-16) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of PS (Public/Semipublic) is consistent with the designation as
shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all
uses allowed on this property under the proposed zone, however, no development is proposed as
this area is located within the Boise River and Floodway area;
c. The proposed PS (Public/Semipublic) zone is compatible with the MU -DA (Mixed Use with a
development agreement) zone and land use to the north since a portion of that area is located
within the Floodway and no development plans are proposed;
d. The proposed PS (Public/Semipublic) zone is compatible with the R -2-P (Residential — PUD), R-2
(Residential), A -R (Agricultural -Residential), and RP (Rural Preservation — Ada County
designation) zones and land uses to the south since a portion of that area is located within the
Floodway and no development plans are proposed;
e. The proposed PS (Public/semipublic) zone is compatible with the MU -DA (Mixed Use with a
development agreement) zone and land use to the west since a portion of that area is located within
the Floodway and no development plans are proposed;
f. The proposed PS (Public/semipublic) zone is compatible with the MU -DA (Mixed Use with a
development agreement) zone and land use to the east since a portion of that area is located within
the Floodway and no development plans are proposed;
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g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan; and
h. No nonconforming uses are expected to be created with this rezone.
DATED this 15th day of November, 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
2�
Stan Ridgeway, Mayor pF•E'4CCOleF
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0000 V ,saw 4
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Sharon k. Bergmann, EagleCity C rk•, S'TATE •••"••
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